The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-09-15
DEATH KNELL
THE LOWER COURTS DECISION
AFFIRMED.

NOVemDe /, JDe Date Fixed for the
Execution of the Seven Men Con-
demned-An Effort Will be Made to
Garry the Case to the United States
Supreme Court
OTTAWA, ILL, Sept. 14.-The Supreme
Court this morning delivered an opinion in
the Anarchist case, affirming the Judgment
of the court below. The execution is to
take place Nov. II, between 8 and O'Clock.
The opinion was written by Judge Magru-
der, who announced that the Judgment of
the court below is affirmed as to all and as
to each and every one of the defendants.
An opinion has been prepared setting forth
the reasons of the affirmation of the iudg-
ment.
NOT FREE FROM ERRORS
Judge Sheldon announced that he
concurred in the opinion. Judge
Mulkey said; at is not my intention to
offer a separate opinion as I should have
DONE | desire to avail myself of this occa-
sion to say that while | concur in the con
clusions reached and also in the general
views as entered in the opinion filed, | do
not wish to be understood as holding that
the record is \ free from error.
for do not think it is. l am nevertheless
of the opinion that none of the
errors complained of are of such a serious
character as to require reversal of iudg-
ment In view Of the number of defend
ants on trial and the great length of time
consumed in the trial, the vast amount of
testimony offered and passed upon by the
court, and the almost nuTnberleSS rulings
the court was required to make, the wonder
to me is that errors were not more
numerous and of more serious character
than they are In short, altering having
fully examined the record and giving the
questions arising on 1t my very best thought,
with an earnest and conscientious desire to
faithfully discharge my whole duty, am
fully satisfied that the opinion reached vim
dicates the law, and does complete Justice
between the people of the State and the de-
PENDANTS fully warranted by the law and
evidence"
THE FORMAL ORDER.
Justice Sheldon: ''In this case the court
orders that the sentence of the Superior
Court of Cook county of the defendants in
the indictment-August Spies, Samuel
Fielden, r. Parsons, Adolph Fischer, Engel,
Louis Ling and Michael Schwab-be car
ried into effect by the Sheriff of Cook
county on the 18th day of November next,
on Friday, between the hours of 10 o'clock
in the forenoon and o'clock in the after
noon on that day" The Judgment of the
court was unanimous.
The opinion makes 10000 words. The
Anarchists had no counsel here to represent
them before the court when the decision
was announced, and no steps were taken in
their behalf They have fifteen days in
which to file motion for a re-hearing, and
thirty days from the close of the term to file
petition in support thereof. This will not
net as stay of sentence, and they will have
to show very strong grounds before the
court would consent to the issue of a stay of
execution until a re-hearing could be had
next term"
PREMONITIoNS OF THE DECISION.
CHICAGO, Sept 14.-A special to the NetUs
from Ottlw4 SAYS: ''At 80 o'clock this
morning Justice Magruder began the an
nouncement of the decision i'll the Anarchist
case. Just before the opening of the court
every one seemed to have feeling that
something was going to happen. Before
the hour for the convening of the
court the lawyers AMI reporters seemed
to have that feeling, and conversed with
each other in subdued tones. Even Barker
the janitor, who has waited upon every
Justice of the Supreme Court that has sat
upon the bench in Ottawa, trod around in
opening and dusting the court room as if he
were afraid of breaking the deathly stiffness
Smith faltered, and his voice trem-
bled as he pronounced, Hear ye,
hear ye," as the Justices filed
into court, headed by Chief Justice
Sheldon They appeared more dignified
than ever. The Chief Justice waved his as
sociates to their seats even with more state
illness than is his won't. His nod to the
Sheriff was more stiff, and his ':open
court" less audible than on the previous
days of the term.
READING THE DECISION.
Justice Magruder appeared flushed and
nervous as he entered the court room, the
cause of which was evidenced few mo-
ments later, when Chief Justice Sheldon
turned to him and in voice, which would
have been inaudible save for the deathly
stiffness which pervaded the room, said:
Justice Magruder have you any announce
ment to makes" The flushed appearance of
the Justice changed to that of pallor and
his voice was husky as he
responded: "in the case of August Spies
and others against the people of the State of
Illinois, No. 50 AdviseInen5 Docket The
Chief Justico nervosuly turned the leaves of
the court docket to the case indicated, when
the Justice read the decision of the Court in
the Anarchist cases.
As he commenced reading he regained his
composure. His voice was clear and dis
Clnct, until the order liking the
death penalty and date of execution,
was reached, when his reading became la
bored, his voice husky, and his manner
showed that it was with the greatest emo
tlon that he performed the duty he had been
delegated by his associates to perform. Hav-
ing voiced the decision of the court in the
most celebrated case that the court has ever
been called upon to decide, the Justice
who made the announcement at once left
the bench and retired to his room.
HOW THE ANARCHISTS GOT THE NEWS.
The first official information that reached
this city was a telegram from the Court
Clerk at Ottawa to the States Attorney S
Office here saying:
=. Anarchist cases affirmed. Execution
Nov. H."
Mr.. Purcell, of the States Attorneys Of
nee, ran at once TO the jail with the dis
patch. Following on his heels was mes
senger carrying a telegram for August
spies that had been sent from Ottawa by an
agent of the Anarchists The turnkey, who
took the dispatch TO cell - and
showed it through the bars, fingered
moment to watch the effect it would have
on spies. The Anarchist took the message,
glanced firmly at the turnkey and then
withdrew 60 the darker end of the cell. In
Two minutes or so he called gently TO the
old man who sits as a death watch outside
tho barred door, and asked him TO hand the
telegram to Parsons From him 1t went TO
all the others and reached Neebe, who Is
only under sentence of Imprisonment.
Newspaper mon had been vigorously shut